[Adopted 10-4-1965 (Ch. 104, Art. I, of the 1976 Borough Code)]
[Amended 3-9-1976]
No opening shall be made in the surface of any road, street
paving, sidewalk, gutter, inlet or concrete curbing, including pipe
culverts and underdrains which are maintained by the Borough of Penndel,
until and unless a permit has been obtained for such opening from
the Borough.
[Amended 3-9-1976; 12-3-1990 by Ord. No. 90-11; 5-7-2012 by Ord. No. 2012-4]
The Borough shall issue such a permit to any person and/or corporation
and/or public utility company and allied contractors who apply for
the same and who shall:
A.
Pay to the Borough of Penndel a permit fee as set by resolution of
Borough Council.
B.
Post with the Borough Council a cash deposit in the amount set from
time to time by resolution of the Borough Council. Said cash deposit
shall be released not later than 120 days after the proper restoration
of all surfaces disturbed.
[Added 3-9-1976]
The application for the permit and every such permit shall specify
a time when said opening or excavation may remain open and the place
where said opening or excavation may be made, together with the probable
length, width and depth thereof, and such further information as may
be required. Any additional surface to be disturbed and any additional
time required may be endorsed on the permit by the Borough, provided
that emergency breaks or leaks may be repaired and a permit therefor
secured within 24 hours.
Any person and/or corporation and/or public utility company
who opens the surface of any road, street paving, sidewalk, gutter,
inlet or concrete curbing, including pipe culverts and underdrains,
as authorized by such permit, shall be responsible to the Borough
Council of the Borough of Penndel for the costs of the restoration
of such surface in accordance with the adopted standards of the Borough
Council of the Borough of Penndel and/or its Engineer for the particular
type of construction and in accordance with its construction methods,
all of which is set forth in Addendum No. 1 to this article.[1]
[1]
Editor's Note: Addendum No. 1 is on file at the Borough
offices.
[Added 3-9-1976]
It shall be the duty of any person to whom a permit is issued
or by whom any opening or excavation is made, as aforesaid, to provide
and maintain proper and adequate guards, barriers and lights to prevent
accidents, and he shall assume all risks and be liable for all damages
by reason of the openings and excavations.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or imprisonment for a term not to exceed 30
days, or both, at the discretion of the court. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.
